HomeMy WebLinkAbout03 170 limited service hunt
e
e
e
e
NO. 2003 -170
BEING A BY·LAW TO AUTHORIZE THE SIGN IN
A LIMITED SERVICE AGREEMENT
WITH ROGER MELVILLE HUNT
OF
I
I
WHEREAS Section 9 (3) of The Municipal Act, 2001, 5.0. 2001, c. 25, as
amended, authorizes municipalities to pass by-laws respect ng matters and
imposing conditions as a requirement for obtaining a permit;
AND WHEREAS the Municipality of Kincardine Zoning By-law # 003-25 requires
that a Limited Service Agreement must be entered into before evelopment can
occur on a private road;
AND WHEREAS The Municipality of Kincardine wishes to ent r into a Limited
Service Agreement prior to issuing a building permit to Roger Melville Hunt of .
Part Lot 20, Concession A, municipally known as 59 Lower Bach Road in the
Municipality of Kincardine (former Township of Kincardine);
NOW THEREFORE the Council for The Corporation of th Municipality of
Kincardine ENACTS as follows:
1.· That the Mayor and CAO be authorized to sign, 0 behalf of The
Corporation of the Municipality of Kincardine the Limited Service
Agreement with Roger Melville Hunt, attached to this by-' w.
I
2. That this by-law shall come into full force and effect upon Its final passage.
I
3.
That this By-law may be cited as the "Roger Melville Hunt (59 Lower
Beach Road) Limited Service Agreement By-law".
READ a FIRST, SECOND, and a THIRD time and DEEMED 0 BE PASSED
this 17th day of December, 2003.
~¡tÁ-
May6f
~
.- ----------.,
.------ ~~
--
LCt..M.<
lerk
r
I
"
, .__-,,__~>,,~r_
n.
~
.
,
.
,
·
LIMITED SERVICE AGREEMENT
This AGREEMENT made in QUADRUPLICATE this2.l day of ~ 2003.
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
Hereinafter called the "Municipality"
of the First Part,
-and-
ROGER MELVILLE HUNT
Hereinafter called the "Owner"
of the Second Part.
"
WHEREAS the owner herein represents that he is the registered owner
of 59 Lower Beach Road, Lot 20, Concession A, in the Municipality of Kincardine
(former Township of Kincardine), Roll no. 4108210004071000000 and
hereinafter referred to as the subject lands.
AND WHEREAS the owner enjoys a private roadway to the subject lands for all
purposes included amongst which are ingress and egress, such private roadway
being Lower Beach Road (North), Municipality of Kincardine (former Township of
Kincardine).
AND WHEREAS the owner wishes to access the building from a roadway known
as Lower Beach Road, to the north of the land being the original roadway.
AND WHEREAS the aforesaid roadway is not a year round maintained roadway
forming part of the municipal road system of the Municipality and as such the
development of the subject lands would be contrary to the provisions of zoning
by-laws of the Municipality and Bruce County Official Plan.
·
AND WHEREAS the Municipality is prepared to issue a building permit for the
subject lands as aforesaid provided that the owner first enters into an agreement
acknowledging that there are no municipal services provided to the lands using
the above mentioned limited services road allowance, and agreeing not to
demand municipal services from the Municipality because of the access route
chosen by the owner.
NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in consideration
of the mutual covenants and agreements hereinafter contained and subject to the
terms and conditions hereinafter set out, the parties hereby agree as follows:
1. a) The owner acknowledges that he has chosen to access the land by way of
a private road without maintenance under the jurisdiction of the
Municipality.
b) The owner acknowledges that the said private road is not municipally
owned or maintained.
c) The owner covenants and agrees that no demand will be made upon the
Municipality for the provision of access to the lands either by way of
improved maintenance of the existing private road or by way of the
establishment of another road.
· d) The owner acknowledges that he is totally responsible for obtaining
maintenance on the private road, which provides access to the lands.
...2/
:<~'''~'_''c;,.'''';;':'~''':.
,..
../~
-
-
.
-
.,
.
HUNT Agreement
Page 2 of3
A
I
,
2. The owner hereby acknowledges that the subject lands do not presently
receive any direct municipal services whatsoeve~~~; ~lfi~v:..a.t.e~~~../
3. The owner hereby acknowledges and agrees that h:JiII be re~~r
the making of a private agreement for the pickup and disposal of all garbage
arising from the use, enjoyment and any proposed development of the subject
lands. The Municipality will pick up garbage if the owner delivers it to a site
approved by the Municipality, on an existing Municipal garbage pick up route.
4. a) The owner hereby agrees not to make any demands at any time upon the
Municipality for any municipal services of whatsoever nature and kind
except fire protection when weather and roadway conditions permit the
safe entry of trucks.
b) Without in any way limiting the generality of the expression "municiPal-/!,
services" the type of services which will not be demanded shall include:
Fire protection when weather and roadway conditions do not per~the '/'tJ?,
safe entry of fire trucks, garbage collection, -4iRa! 'iI u<erks, road (1./-
maintenance, snow clearance, street lighting, sidewalk, curbs, gutters,
tree planting or any other service whatsoever other than the one
mentioned above.
5. a) The owner acknowledges that this agreement is designed to permit the
Municipality to determine the future provisions of municipal services to
various parts of the Municipality and to discourage haphazard
development or developments which make the provisions of municipal
services difficult and costly.
b) The owner further acknowledges and agrees that no severance or building
permit shall be issued to the owner until this agreement has been signed
by the owner.
c) The owner acknowledges that the completion of this agreement shall in no
way guarantee a building permit from the Municipality and acknowledges
that an application for a permit must comply with the Building Code Act,
the Building Code and all other applicable laws.
6. This instrument constitutes the entire agreement between the Municipality
and the owner. It shall not be amended, altered or changed except by written
agreement hereto. This agreement may be executed in any number of
counterparts, each of which when so executed and delivered shall be deemed
to be an original but such counterparts together shall constitute but one and
the same agreement.
-h.
7:,TRe et::Rer shall ,,"'y 1Q the f.Allni{"ipality ~II gQetc in('llrrarf hy it fnr tnø
R8E18tiatisl, aR~ pf;ti~'j;Ir!:ltinn 91 t~ie agr;g9~9nt irl"'h IrHt:1g IQ9~1 ~nd
~rniRi8tFative 888t& if aflpliGatJle.
8. This agreement shall ensure to the benefit of and be binding upon the
respective successors and assigns of the parties hereto.
9. The owner covenants and agrees to inform all potential purchasers or other
persons acquiring the land of the existence of this agreement and agrees to
use his best efforts to obtain from such persons an acknowledgment in writing
that they are aware of and bound by the terms of this agreement.
...3/
~
~
.
¡-!;
.' /, 1 f
HUNT Agreement
Page 3 of3
"~
IN WITNESS WHEREOF the Municipality has hereto affixe
..! attested by the hands of its mayor and CAO this ~day of
1 \ ~ 2003 and Roger Hunt has hereunto set his hand this
~003.
SIGNED, SEALED AND DELIVERED
in the presence of
THE CORPORATION OF THE
MUNICIPALITY OF KINCARDINE
per: Ju",- _It. ..4..*
Mayor- ~Ienn Sutton
.
(sealed or witnessed)
~~u~~u
Date I
.
.
.,.:;¿1i't.;'i---:';;.t